


Convention on the Rights of Mutants

by laCommunarde



Series: On the Rights of Mutants [1]
Category: X-Men - All Media Types
Genre: Crimes Against Humanity, Genocide, Hate Crimes, Rwandan Genocide, United Nations, War Crimes
Language: English
Status: In-Progress
Published: 2016-05-08
Updated: 2016-05-08
Packaged: 2018-06-07 05:01:30
Rating: General Audiences
Warnings: No Archive Warnings Apply
Chapters: 1
Words: 4,302
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/6786298
Author URL: https://archiveofourown.org/users/laCommunarde/pseuds/laCommunarde
Summary: <blockquote class="userstuff">
              <p>Appendix A in a fic I'm still working on: "On the Rights of Mutants." This is mostly UN formula language merged together into rights a UN Working Group would determine mutants need. </p>
<p>A/N: The differentiation between the use of "mutants" and "persons with mutations" should be mostly based on country group and what rights do they find most important: in the fic, countries where economic and social rights are key use "persons with mutations" while countries where civil and political rights are key tend to use mutants.</p>
            </blockquote>





	Convention on the Rights of Mutants

Appendix A: The text of The United Nations Convention on the Rights of Mutants:

“The States Parties to the present Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom,

Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, 

Recalling the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and the Convention on the Prevention and Punishment of the Crime of Genocide,

Emphasizing the importance of mainstreaming mutant issues as an integral part of relevant strategies of sustainable development,

Further emphasizing that the eradication of apartheid, all forms of racism, racial discrimination, colonialism, neo-colonialism, aggression, foreign occupation and domination and interference in the internal affairs of States is essential to the full enjoyment of the rights of men and women,  
Recognizing also that discrimination against any person on the basis of unchangeable status is a violation of the inherent dignity and worth of the human person,

Recognizing further the diversity of persons with mutations,

Concerned that persons with mutations continue to face barriers in their participation as equal members of society and violations of their human rights in all parts of the world,

Recognizing the importance of international co-operation for improving the living conditions of mutants in every country, in particular in the developing countries,

Recognizing the valued existing and potential contributions made by persons with mutations to the overall well-being and diversity of their communities, and that the promotion of the full enjoyment by persons with mutations of their human rights and fundamental freedoms and of full participation by persons with mutations will result in their enhanced sense of belonging and in significant advances in the human, social and economic development of society and the eradication of poverty,

Have agreed as follows:

PART I

Article 1  
For the purposes of the present Convention, a mutant or person with a mutation means every human being with the genetic factor giving them abilities human beings have not traditionally held, whether beneficial to themselves and to society or detrimental to themselves and to society.

Article 2  
1\. States Parties shall respect and ensure the rights set forth in the present Convention to each mutant within their jurisdiction without discrimination of any kind, irrespective of the mutant's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

Article 3  
1\. States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.

2\. States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all mutants without discrimination of any kind on the basis of mutation. To this end, States Parties undertake:  
a. To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention;  
b. To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against mutants;  
c. To take into account the protection and promotion of the human rights of mutants in all policies and programmes;  
d. To refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;  
e. To take all appropriate measures to eliminate discrimination on the basis of mutation by any person, organization or private enterprise;

3\. In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with mutations, States Parties shall closely consult with and actively involve persons with mutations, including mutant children, through their representative organizations.

4\. Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of mutants and which may be contained in the law of a State Party or international law in force for that State. There shall be no restriction upon or derogation from any of the human rights and fundamental freedoms recognized or existing in any State Party to the present Convention pursuant to law, conventions, regulation or custom on the pretext that the present Convention does not recognize such rights or freedoms or that it recognizes them to a lesser extent.

Article 4  
1\. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. 

2\. States Parties shall prohibit all discrimination on the basis of mutation and guarantee to mutants equal and effective legal protection against discrimination on all grounds.

3\. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided. 

4\. Specific measures which are necessary to accelerate or achieve de facto equality of mutants shall not be considered discrimination under the terms of the present Convention.

Article 5  
1\. States Parties recognize that women and girls with mutations are subject to multiple types of discrimination, and in this regard shall take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms.

2\. States Parties shall take all appropriate measures to ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights and fundamental freedoms set out in the present Convention.

Article 6  
1\. States Parties shall take all necessary measures to ensure the full enjoyment by children with mutations of all human rights and fundamental freedoms on an equal basis with other children.

2\. In all actions concerning children with mutations, the best interests of the child shall be a primary consideration.

3\. States Parties shall ensure that children with mutations have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children.

Article 7  
1\. States Parties undertake to adopt immediate, effective and appropriate measures:

a. To raise awareness throughout society, including at the family level, regarding mutants, and to foster respect for the rights and dignity of persons with mutations;

b. To combat stereotypes, prejudices and harmful practices relating to mutants, including those based on sex and age, in all areas of life;

c. To promote awareness of the capabilities and contributions of mutants.

Measures to this end include:

a. Initiating and maintaining effective public awareness campaigns designed:  
i. To nurture receptiveness to the rights of persons with disabilities;

ii. To promote positive perceptions and greater social awareness towards persons with disabilities;

iii. To promote recognition of the skills, merits and abilities of persons with disabilities, and of their contributions to the workplace and the labour market;

b. Fostering at all levels of the education system, including in all children from an early age, an attitude of respect for the rights of mutants;

c. Encouraging all organs of the media to portray mutants in a manner consistent with the purpose of the present Convention;

d. Promoting awareness-training programmes regarding mutants and the rights of mutants.

Article 8  
1\. States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.

Article 9  
1\. States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of mutants in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.

Article 10  
1\. States Parties shall ensure that a mutant child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence.

Article 11  
1\. In accordance with the obligation of States Parties under article 10, paragraph 1, applications by a mutant child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family.

2\. A mutant whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 10, paragraph 1, States Parties shall respect the right of the mutant child and his or her parents to leave any country, including their own, and to enter their own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention.

Article 12  
1\. States Parties reaffirm that mutants have the right to recognition everywhere as persons before the law. 

2\. States Parties shall recognize that mutants enjoy legal capacity on an equal basis with others in all aspects of life. 

3\. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person’s circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person’s rights and interests. 

4\. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of mutants to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that mutants are not arbitrarily deprived of their property.

Article 13  
1\. States Parties shall ensure effective access to justice for mutants on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.

2\. In order to help to ensure effective access to justice for mutants, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff.

Article 14  
1\. Mutants shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the mutant's choice.

2\. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:  
a. For respect of the rights or reputations of others; or  
b. For the protection of national security or of public order (ordre public), or of public health or morals.

Article 15  
1\. States Parties shall respect the right of mutants to freedom of thought, conscience and religion.  
2\. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

Article 16  
1\. States Parties recognize the rights of mutants to freedom of association and to freedom of peaceful assembly.  
2\. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 17  
1\. States Parties shall ensure that mutants, on an equal basis with others:  
a. Enjoy the right to liberty and security of person;  
b. Are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty is in conformity with the law, and that the existence of a mutation shall in no case justify a deprivation of liberty.

2\. States Parties shall ensure that if mutants are deprived of their liberty through any process, they are, on an equal basis with others, entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention, including by provision of reasonable accommodation.

Article 18  
1\. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation.

2\. States Parties shall take all effective legislative, administrative, judicial or other measures to prevent mutants, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.

Article 19  
1\. States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect mutants, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects.

2\. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive assistance and support for mutants and their families, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse. States Parties shall ensure that protection services are age-, gender- and disability-sensitive.

3\. States Parties shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of mutants who become victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration shall take place in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs.

4\. States Parties shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, violence and abuse against mutants are identified, investigated and, where appropriate, prosecuted.

Article 20  
1\. States Parties shall ensure that no mutant is targeted for killing, as such.

2\. States Parties shall take all appropriate measures to prevent extrajudicial killings.

3\. States Parties shall put in place legislation and policies to ensure that killings targeting mutants as such are investigated and prosecuted. 

Article 21  
1\. States Parties shall guarantee to mutants political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake to:  
a. Ensure that mutants can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for mutants to vote and be elected, inter alia, by:  
i. Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate;  
ii. Guaranteeing the free expression of the will of mutants as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice;  
b. Promote actively an environment in which mutants can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:  
i. Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties;  
ii. Forming and joining organizations of mutants to represent mutants at international, national, regional and local levels.

Article 22  
1\. States Parties shall take effective and appropriate measures to eliminate discrimination against mutants in all matters relating to marriage, family, parenthood and relationships, on an equal basis with others, so as to ensure that:  
a. The right of all mutants who are of marriageable age to marry and to found a family on the basis of free and full consent of the intending spouses is recognized;  
b. The rights of mutants to decide freely and responsibly on the number and spacing of their children and to have access to age-appropriate information, reproductive and family planning education are recognized, and the means necessary to enable them to exercise these rights are provided;  
c. Mutants, including children, retain their fertility on an equal basis with others.

2\. States Parties shall ensure that children with mutations have equal rights with respect to family life. With a view to realizing these rights, and to prevent concealment, abandonment, neglect and segregation of children with mutations, States Parties shall undertake to provide early and comprehensive information, services and support to children with mutations and their families.

Article 23  
1\. States Parties shall recognize for every mutant the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law.

Article 24  
1\. States Parties recognize the right of every mutant to a standard of living.

Article 25  
1\. States Parties recognize the right of mutants to education, with a view to achieving this right progressively and on the basis of equal opportunity.

2\. In realizing this right, States Parties shall ensure that:  
a. Mutants are not excluded from the general education system on the basis of mutation, and that children with mutations are not excluded from free and compulsory primary education, or from secondary education, on the basis of mutation;  
b. Reasonable accommodation of the individual’s requirements is provided;  
c. Persons with mutations receive the support required, within the general education system, to facilitate their effective education;  
d. Effective individualized support measures are provided in environments that maximize academic and social development, consistent with the goal of full inclusion.

Article 26  
1\. States Parties recognize the right of mutants to work, on an equal basis with others; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to mutants. States Parties shall safeguard and promote the realization of the right to work, by taking appropriate steps, including through legislation, to, inter alia:  
a. Prohibit discrimination on the basis of mutation with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions;  
b. Protect the rights of mutants, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances;  
c. Ensure that mutants are able to exercise their labour and trade union rights on an equal basis with others;  
d. Enable mutants to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training;  
e. Employ mutants in the public sector;  
f. Promote the employment of mutants in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures;  
g. Promote vocational and professional rehabilitation, job retention and return-to-work programmes for mutants.

2\. States Parties shall ensure that mutants are not held in slavery or in servitude, and are protected, on an equal basis with others, from forced or compulsory labour.

Article 27  
1\. States Parties recognize the right of mutants to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no mutant is deprived of his or her right of access to such health care services.

2\. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of mutants.

3\. States Parties undertake to promote and encourage international co-operation with a view to achieving progressively the full realization of the right recognized in the present article. In this regard, particular account shall be taken of the needs of developing countries.

4\. States Parties shall take all appropriate measures to ensure access for persons with mutations to health services that are gender-sensitive, including health-related rehabilitation. In particular, States Parties shall:  
a. Provide persons with mutations with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the area of sexual and reproductive health and population-based public health programmes;  
b. Provide those health services needed by persons with mutations specifically because of their mutations, including early identification and training in use of their mutation;  
c. Provide these health services as close as possible to people’s own communities, including in rural areas;  
d. Require health professionals to provide care of the same quality to persons with mutations as to others, including on the basis of free and informed consent by, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with mutations through training and the promulgation of ethical standards for public and private health care;  
e. Prohibit discrimination against persons with mutations in the provision of health insurance, and life insurance where such insurance is permitted by national law, which shall be provided in a fair and reasonable manner;  
f. Prevent discriminatory denial of health care or health services or food and fluids on the basis of mutations.

Article 28  
1\. States Parties recognize the right of persons with mutations to take part on an equal basis with others in cultural life, and shall take all appropriate measures to ensure that persons with mutations:  
a. Enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance.

2\. States Parties shall take appropriate measures to enable persons with mutations to have the opportunity to develop and utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society.

3\. States Parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with mutations to cultural materials.

4\. Persons with mutations shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity.

5\. With a view to enabling persons with mutations to participate on an equal basis with others in recreational, leisure and sporting activities, States Parties shall take appropriate measures:  
a. To encourage and promote the participation, to the fullest extent possible, of persons with mutations in mainstream sporting activities at all levels;  
b. To ensure that persons with mutations have an opportunity to organize, develop and participate in mutant-specific sporting and recreational activities and, to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources;

Article 29  
1\. Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of mutants and which may be contained in:  
a. The law of a State party; or  
b. International law in force for that State.


End file.
